Jack McDonald moved to approve the minutes of the September 9, 2013, meeting. Pam
Nesvig seconded the motion. The motion carried.

Jack McDonald moved to tentatively approve for recommendation to the Supreme Court
the proposed revisions to Rule 21, as amended. Pam Nesvig seconded the motion. The
motion carried.

Justice Sandstrom said Chris LeCates went through Rule 21 line by line and made
proposed revisions based upon notes taken at the September 9 meeting.

Judicial proceedings, as defined in section 2(c), do not include disciplinary or judicial
conduct proceedings until and unless such proceedings reach the Supreme Court. It was
suggested that a footnote to that effect be added at the end of the proposed rule. There
has evidently been some confusion on this point.

Commission members proceeded to go through the rule line by line.

Following discussion on how to define media personnel in section 2(e), Judge Herman
moved to put a period after "news" on line 20 and delete "and approved by the office of the
state court administrator" on lines 20 and 21. Dwayne Walker seconded the motion, which
passed.

Judge Herman moved to amend lines 23 and 24 in section 3 to read as follows: "Media
personnel must designate a person for each administrative unit with whom the court may
consult as their representative." Jack McDonald seconded the motion; motion carried.

Pam Nesvig moved to delete the proposed new language in section 4 on lines 29, 30, and
31: "Personal electronic recording devices must be turned off during all proceedings.
Electronic devices may be used by media personnel for note-taking with prior approval of
the court." Jack McDonald seconded the motion to remove those two sentences. The
motion carried.

Judge Herman moved to delete the last sentence of section 4 on lines 31 and 32 ("This rule
does not apply to electronic recording of the official record of a judicial proceeding."). Pam
Nesvig seconded the motion, which passed.

Jack McDonald pointed out that close-up photography of jurors, prohibited on lines 63 and
64 in section 4(d), does not include incidental or fleeting coverage of a juror. The concern
is that the juror not be identifiable.

Jack McDonald moved to replace "seventy-two hours" with "2 business days" on line 70 of
section 5(a). Dwayne Walker seconded the motion, which carried.

Jack McDonald moved to strike "three" and remove the strike-through on "seven" in section
5(b), lines 76 and 82. Judge Herman seconded the motion, which carried.

Judge Herman moved to replace "pro se parties" with "self-represented litigants" in section
5(b), lines 79 and 80, and to do the same in any other place where "pro se parties" is found
in the rule. Pam Nesvig seconded the motion, which passed.

Jack McDonald moved to strike from section 5(b), lines 79 and 80, the following sentence:
"A copy of the notice of request must be sent by the fastest reasonable means to all
counsel of record, any pro se parties, and the judge." Pam Nesvig seconded, and the
motion passed.

Dwayne Walker moved to strike "television" in section 7, line 107, and insert "video" in its
place. Judge Herman seconded the motion, which passed.

Dwayne Walker then moved to strike "television" in section 8(a), line 122, and insert "video"
in its place. Judge Herman again seconded the motion, which passed.

Judge Herman moved to strike "If" and insert "Even if" in its place on line 137 in section
8(e). After Pam Nesvig's second, the motion passed.

Jack McDonald moved to replace "television" with "video" on line 141 in section 8(f) and
to globally make the change in every other place where reference is made to television
cameras. Pam Nesvig seconded, and the motion passed.

Jack McDonald moved to strike all of section 8(g) on lines 143 and 144, which read, "All
equipment must be in place and tested 45 minutes in advance of the time the court is called
to order." Dwayne Walker seconded, and the motion passed.

Dwayne Walker moved to replace "of the Dakota Press Photographers Association" with
"representing news photographers" on lines 157 and 158 of section 10. Pam Nesvig
seconded, and the motion passed.

Jack McDonald moved to delete "Trial Lawyers" on line 159 of section 10 and to insert "for
Justice" after the word "Association," so the phrase will refer to the "North Dakota
Association for Justice." Pam Nesvig seconded, and the motion carried.

Judge Herman moved to insert the phrase "and for the supreme court" in section 3 at line
24 after the word "unit," so the sentence will read: "Media personnel must designate a
person for each administrative unit and for the supreme court with whom the court may
consult as their representative." Pam Nesvig seconded, and the motion carried.

Judge Herman moved to strike "the" and insert "a" in its place in section 10, at the end of
line 159, so the phrase will read "a person designated in Section 3" rather than "the person
designated in Section 3." Jack McDonald seconded the motion, which carried.

Jack McDonald moved to tentatively approve the rule amendments, and Pam Nesvig
seconded. The motion passed.

Jack McDonald reiterated that initial appearances are still a problem to which more thought
should be given.

Justice Sandstrom said the commission will again go through the proposed rule changes,
as amended, at the next meeting, which will likely be sometime in February.